How is the “same field of endeavor” determined for analogous art?

When determining whether a reference is in the “same field of endeavor” as the claimed invention, examiners should consider:

• Explanations of the invention’s subject matter in the patent application
• The embodiments, function, and structure of the claimed invention

The MPEP states: “When determining whether the ‘relevant field of endeavor’ test is met, the examiner should consider ‘explanations of the invention’s subject matter in the patent application, including the embodiments, function, and structure of the claimed invention.’” (MPEP 2141.01(a))

Examiners must consider the disclosure of each reference “in view of the ‘the reality of the circumstances'” and weigh these circumstances “from the vantage point of the common sense likely to be exerted by one of ordinary skill in the art in assessing the scope of the endeavor.”

To learn more:

• analogous art
• field of endeavor
• patent examination
• prior art